said, no! and you don't know me, and i have never seen you. [ crying ] >> and you have never seen me. she yelled, understand me? >> reporter: during a teary press conference, housekeeper nikki diaz accused her employer of harshly firing her in the summer of 2009. her employer was meg whitman, the republican candidate for governor. diaz says she came to whitman in june of last year to admit she was here illegally after nine years of working as her housekeeper. she wanted help with an immigration lawyer. whitman didn't help. >> i realized at that moment she didn't appreciate my work and so i -- she was throwing me away like a piece of garbage. >> all the documentation that we had said that she was legal. she had a 1099 on file with the employment agency, driver's license, social security card. we had no reason to believe that she was not legal. >> reporter: in fact, whitman's campaign produce what it says

are hiring documents where diaz supposedly confirmed she was eligible to work legally and the supposedly fake social security card and driver's license. but if this happened 18 months ago why didn't whitman say anything until now? >> never came up and i didn't think there was any reason to, you know, put nicky up as an example of someone who was, you know, here illegally. and i'm sorry that she has been made an example of. it is -- it's a shame. she is being manipulated. >> reporter: jerry brown's campaign responded. after more than a year of whitman demanding immigration policy that holds employers accountable, we learn that accountability doesn't extend to her own actions. >> who should be held responsible here and do you feel that you bear any responsibility? >> as soon as we found that she was an illegal immigrant, then we actually did what we had to do as an employer was to let her go. >> she treated me as if i was not a human being. [ crying ] >> reporter: now, you heard whitman say as soon as she

found out her housekeeper was here illegally she fired her but the housekeeper's attorney says the social security administration warned whitman all the way back in 2003 that there might be a problem with the documents. allen, we have yet to see that letter but that seems to be the rub. when did she find out? >> thank you, simon perez. some viewers commenting on our facebook page are shaking their heads at meg whitman and jerry brown. this is politics at its worst writes annette. jerry brown's camp should be ashamed. posting on cbs5.com, unsure adds, meg, you should have known this would come to light eventually. and charlotte takes aim at the housekeeper's attorney writing this is just another smear tactic with gloria allred right there in the spotlight. today the two candidates for u.s. senate debated each other. this is the second debate for democrat barbara boxer and republican carly fiorina. the first was earlier this month in moraga. now this time the debate was held on public radio. fiorina says boxer was an

ineffective legislator who has accomplished very little during her 28 years in the senate. boxer fired back saying, fiorina's budget recommendations would be a disaster for california. we have breaking news. late today the state supreme court prevented what would have been california's first execution in nearly five years. convicted killer albert greenwood brown was scheduled to be put to death tomorrow. but justices unanimously denied a request by the state to begin using new procedures for lethal injection. now the state won't be able to execute brown until next year. that's because california's supply of a lethal injection drug expires on friday. the new supply isn't due to arrive until next year. brown was convicted in 1982 for the rape and murder of a 15- year-old girl in southern california. nobody likes getting parking tickets. but investigators in alameda county say some people got out of them for much less cash than they owed. that's because of a couple of alleged crooked employees. mike sugerman says those

workers are now in jail tonight. mike. >> reporter: well allen, here in fremont, a lot of people have been getting tickets because they put in a bunch of red light cameras in the last couple of years. and the courts weren't really ready for all those new tickets. well, things have gotten better over the months but now comes word that some people in a position to help might have helped people except they did it illegally. reporter: the fremont hall of justice hadn't had a very good reputation to begin with. two years ago, we told you about the sometimes year-long wait to see a judge about a traffic ticket and 12-hour wait just to get an appointment. >> crazy. >> absolutely use less. >> reporter: now there are allegations that two clerks in this building used their position to make people's experiences cheaper and easier. >> they would take cash payments roughly one-third or two-thirds of what they would have normally paid in exchange, they would clear that person's

traffic violation. >> reporter: juan francisco hernandez and felix chavez are charged with embezzlement and grand theft. hernandez is also charged with solicitation and bribery coming, officials say, after a woman tipped off deputies and they set up a sting. >> this is very unusual and we take allegations like this quite seriously. these clerks are in the public trust and anytime that public trust is violated, we're going to investigate it and if the crime has been committed, you're going to go to jail. >> reporter: people here understand the anger and frustration some people may have to go around the system although no one would say they would give a payoff. >> i'm frustrated enough as it is, you know, like if it weren't against the law of course i would bribe. but, you know, i'm not like that. >> i guess i'm kind of a nerd. i just really want fairness and what's right. >> reporter: there could be others out there who didn't play by the rules. if there was special treatment a paper trail could find those who paid off their tickets and the investigation continues. they are looking into that and

they say it could have gone on for at least a month, maybe longer. and that's what they are trying to find out if in fact this was true and if in fact more than that one woman was involved. >> thank you, mike sugerman in fremont. well, she has been called a serial scratcher. today she faced a judge. nancy chi ni is charged with 13 felony counts of vandalism. investigators say she damaged three luxury cars at westfield valley fair mall on saturday but this is the 7th time she has been arrested in three months on accusations of scratching cars. all the damaged cars are either mercedes or bmws. she is being held on a million dollars bail. a fifth person has now been charged with posing as a victim of the san bruno pipeline explosion in order to get help. 51-year-old daniel stansbury of los altos has pleaded not guilty to 7 charges including identity theft and falsely claiming aid. prosecutors say that wasn't to a resource center for blast

victims, used a false name, then said that he lived in the crestmoor neighborhood. he then allegedly accepted more than $2,000 in gift cards. prosecutors say he also spent nine nights in hilton hotels paid for by pg&e. in the meantime the mayor of san bruno plans to meet with federal leaders next week to request more money to help with the recovery from that pipeline explosion. you see, the state found out yesterday it won't be getting any federal help. fema turned down a request for millions in federal disaster aid. a spokesman says pg&e can pay off the recovery bill on its own. however, fema will reimburse the state up to 75% of the firefighting expenses. well, tonight investigators want to know who dumped the carcass of a black bear on the san leandro sidewalk. couple of people passing by spotted the 300-pound bear sunday night. it was sitting in front of a terrace market on foothill boulevard. the animal had a gunshot wound

in the shoulder. >> we were thinking somebody drunk or my little kid thought it was a dog that somebody shot but as we got closer, holy toledo it's a bear! >> it was. the alameda county sheriff's department says a white dodge pickup was seen speeding away from the store. state fish & game says there is no indication any black bears livni where near san leandro. it is currently bear hunting season in california, however it is illegal to dump a carcass and it's illegal to waste game meat. next, thousands of bay area families facing an uncertain future. >> without this program i won't be able work. >> the child care programs that are in jeopardy. >> it's lost its fizz. the north bay company that's shutting down after 60 years. also, k-9 cop to the rescue. the heroic actions that helped keep one neighborhood very safe. ,,,,,,

our state has a huge deficit. meg whitman's plan will make it billions worse by eliminating the capital gains tax for wealthy investors, including herself. economists say her plan will "rip a hole in the budget" and is "deeply flawed". analysts for the l.a. times say whitman's plan is a "pure handout" to the rich creating a "huge risk" to schools and public safety.

jerry brown's against this unfair giveaway because it will take billions from our children when we can least afford it. get california working again-for all of us. sherry hu on what will happe i'm afraid another blow for vallejo. after 60 years, a major employer is closing up shop. sherry hu on what's going to lap to dozens of people who work at the 7 up plant. >> reporter: a worker says nothing is definite but he may learn more over the next couple of days about a possible

transfer. in the meantime, the countdown is on with less than three weeks to go. reporter: there is nothing bubbly about a soda plant closing down. ronald bailey started here in 1973, almost 40 years ago. he says his next step is to collect unemployment. >> this is like my second home. i mean, actually i probably spend more time here than did i at home, you know, with all those years. so i don't know, just, you know, just go on and see what happens. >> reporter: besides being a second home, this 7 up site has made its home here in vallejo for more than 50 years. it was taken over by dr. pepper snapple in 2006. workers say they were given notice of the closure a month ago. ed tanner has 17 years on the job and today, he got a little emotional. are you worried? >> uhm, a little bit. yeah. >> reporter: about what? >> well, just, you know, hopefully they will relocate me

somewhere. [ voice shaking ] >> reporter: tanner says he wants to transfer to the petaluma plant. there are also facilities in sacramento and san leandro. he doesn't know, though, how many of his more than 90 coworkers will be able to stay with the company. >> i think it's going to be pretty hard for some of these people. you know? not having a job and they have been here a while. some of the people been here eight, ten years may not have jobs. >> reporter: the texas-based company emailed me a statement saying, quote, we have made the difficult decision to close our branch in vallejo effective october 18th. our warehouse and distribution operations there will be consolidated into other local sales-distribution branches. the statement also says those who don't move will get severance. and that means more unemployed in vallejo where the latest jobless rate is at 14.7%. however, the mayor says mare island will get busy once dismantling of the mothball fleet begins. still, the plant has been a part of city's history.

and soon, a chapter will close. >> hate to see it go, but, you know, things do change. so just got to go on. >> reporter: now, i read that the company's putting the building on the market and sure enough, we were here earlier we left and when we came back that sign was up. in vallejo, sherry hu, cbs 5. dozens of bay area daycare centers closed today. the nonprofit that runs them says it's on the verge of closure. anne makovec heard from parents who say that without affordable child care, they could be out of a job. reporter: it's a rally that combines several budget battles' passions in one, jobs, children and education. >> this rally is directed at everybody, the entire legislature. >> reporter: hundreds of parents, teachers and kids marched through fremont, boarded bart and came here to oakland to protest the state's

lack of a budget, which they say could force the closure of child development programs up and down the state. >> it's actually pretty emotional. i don't know what's going to happen. >> reporter: she works there and her two children are among the 2500 east and south bay kids taught there. the state funded program says it's planning on closing on november 15 if the budget isn't passed. >> without this program i wouldn't be able to work. >> reporter: parents who don't work there are concerned too. many had to take the day off because they didn't have child care today. fandango was closed. they used cash from their advocacy budgets to pay for the t-shirts and rally supplies as staffers tried to prove the point of how difficult life is without their programs. >> have to get a babysitter. going to be maybe six times what i'm paying now. >> reporter: he works for the state. he now may lose child care and is already taking furloughs. >> i don't think it takes a

rocket scientist to pass a budget. do the math, guys. >> reporter: a lot of these programs say they stopped getting checks from the state when the budget was not passed on july 1. so they are hoping that the budget will be passed and also that their funding will be included. in oakland, anne makovec, cbs 5. prevent gum disease, fight plaque, but is that all true? why the fda wants certain companies to spit out those mouthwash claims. nightclub dancing. >> coming here, party to have a good time. >> without the nightclub scene. >> it's so much fun. >> coming up, in minutes. by the looks of it, some areas cooled by a good 23 degrees while other areas barely noticing a cooldown. take a look at the current conditions and stay with us. a look at the fog outside also, we'll tell you how it's going to affect your thursday as eyewitness news continues right here on cbs 5. ,,,, [ male announcer ] barbara boxer.

she fought to get our veterans the first full combat care center in california. her after school law is keeping a million kids off the street and out of gangs. and she's fighting every day to create new jobs. i'm working to make california the leader in clean energy. to jump-start our small businesses with tax credits and loans to create thousands more california jobs. i'm barbara boxer, and i approve this message... because i want to see the words made in america again.

what were the facts? fact: march 7, 2000. brown asks voters for new mayoral power to appoint school board members. he gets it, and promises better schools. but the drop out rate increases 50%. the school budget goes into a 100 million dollar deficit. the schools become so bad the state has to take them over. it was "largely a bust," he admitted. jerry brown. failure as governor. failure as mayor. failure we can't afford now.

workout trend takes its cues, from the n it seems like every time you turn around there is a new fitness craze and the latest trend is taking its cues from the nightclub dance floor. as juliette goodrich shows us people are getting down and shedding pounds. reporter: traditional working out, a typical scene at the gym, unless you would rather turn fitness into one big party. >> are you ready to party! >> whoo! >> reporter: meet u-jam fitness instructor donny. and his u-jam followers. >> whoo! >> it's a party. it's a party. we try to incorporate fitness classes itself. we are coming to party to have a good time. >> reporter: it's a combination of party house music, strobe lights, choreographed dance

moves, and yes, the infamous nightclub boxes to u-jam on. >> every saturday morning there's parties, thus night, wednesday night, anytime there is a u-jam class it's so much fun. >> reporter: party without the nightclub scene and that's what u-jam followers like. >> when you have a club and you start dancing you start sweating you know you get self- conscious. here everybody is just drenched having a great time and it's really fun. >> this is my first time doing this class. >> obviously. >> i'm convinced. you don't have to know the moves. you just need a lot of energy and stairs. >> reporter: and u-jamers have seen some dramatic results. >> when i started i was 260 pounds. i couldn't lift my legs but it was just fun having the energy and all that stuff. and right now, i'm 190 pounds. >> reporter: and the party reaches a whole new level when u-jammers decide to ditch the the aerobic wear for fancy outfits. >> it's two hours long like a

nightclub fitness party. >> saturday night two hours and you're partying all night, yeah. it's really fun. you sweat and don't even know it. >> reporter: juliette goodrich cbs 5. >> only juliette goodrich could bust a move like that. >> she jams! you jam with the weather. >> she jammed really well and looked good at the same time. it was a crazy day today. people were saying thank you for the relief because san francisco cooled 22 degrees but meanwhile san jose barely any movement in the thermometer. and livermore only cooled by 4 degrees. there you had the fog at the coast and now we're looking at san jose where officially it's 89 degrees. the winds have finally rotated west at 12 miles per hour. and that's going to signal a cooldown right there. across the santa clara valley, currently 86 degrees in redwood city. it's in the mid-60s in san francisco. 96 degrees in livermore after a high today of 101 degrees. and we are now under 90 in santa rosa but so far today we have been in the low 90s. what you can bank on if you are out and about this evening are temperatures anywhere from 65

with the return of the marine layer at the beaches to the mid to high 90s inland. today temperatures up to the triple digits in livermore.93 san jose. san francisco 70. tomorrow we'll cool down one to eleven degrees. tomorrow you will feel the difference inland. today it was significant cooling at the coast and the bay due to the return of this right here, leading edge of low clouds and fog that's now just spilling underneath the golden gate bridge making tracks into the bay. tomorrow morning, sun-up at 7:03. and you'll be able to see it in the inland areas. clouds retreat but the cooler air mass aloft will lead to cooler temperatures everywhere. and you will feel the difference. high pressure is still there. it's just breaking down. bottom line, tomorrow's numbers, 60s beaches, 70s, 80s peninsula, to 85 san jose. numbers east of the bay 65 richmond to 92 degrees in brentwood. north of the golden gate bridge, from 65 stinson beach

to 85 degrees in sonoma. the extended forecast there you have it, seasonal temperatures each day all the way through monday. then we'll bump it back up by tuesday into wednesday. this is beautiful. this stonehenge lee klein. he took this picture from salmon creek beach. thank you, sir. clear day there. keep them coming to mypix@cbs5.com. >> looks good. thanks. hey, certain mouthwash products have left kind of a bad taste in the mouth of federal regulators. dr. kim mulvihill is actually in the ladies room there. you got details and the mouthwash with you. >> reporter: this is usually a hopping spot. we are talking about a product like this that you might find in a bathroom like this a product that promises to fight plaque and maintain healthy gums. problem is to date the fda says there is no proof. reporter: how many times does your dentist tell you to rinse and spit? well, the fda is asking the

makers of three mouth washes to do the exact same thing. rinse and spit certain claims off their bottles and ad campaigns. the suspect claims that these mouthwashes remove plaque and promote healthy gums but the fda points out the only active ingredients in the rinse is sodium fluoride. and while fluoride helps to prevent cavities it doesn't prevent plaque or gingivitis. the fda sent letters to listerine total care anticavity mouthwash, cvs complete care anticavity mouthwash and walgreens full action. under federal law a company cannot claim that they can effectively treat a disease unless the fda has approved that claim. the companies have 15 days to let the fda know how they are going to deal with it and if they don't, they may be subject to legal action. allen?

>> thank you, kim. don't forget to floss. we'll be right back. fined millions, even deceiving seniors. an executive for predatory lenders, as harmer's bank got billions from the wall street bailout. david harmer -- helping corporations rip people off. a record we can't afford. we need jerry mcnerney, small businessman, voting against congressional pay increases and refusing to take them, standing up for what's right.

are only one hundred thirty miles apart. they may as well be on different planets. sacramento, mismanaged, ineffective. silicon valley gave us apple, intel, ebay. here meg whitman started with 30 people. led them. managed them. executed the plan that grew this main street company to fifteen thousand employees and made small business dreams come true. to change california let's send meg whitman up the road... about a hundred and thirty miles.

news at 6. in a tight race - it's a r allegation. but i'm dana king. here's what we're working on for eyewitness news at 6:00. in a tight race, it is a blockbuster allegation. but does it stink? we are going to ask an expert, does this story have the hallmarks of a political hit? >> she took out the first thing with relative ease. >> and as everyone scrambles for meg whitman's nanny details, we are going to take a closer look at the source of

tonight's top story. the one, the only, gloria allred. that and much more at 6:00. an oakland cop received a special award today for his heroic actions. dax is a police dog there. works with the chp. in january, he and his handler were tracking a man who led police on a high-speed chase then they spotted the guy trying to break into someone's home. so dax held him until the handler finished the arrest. police say dax did what he was told with no regard for his own life. >> dax unlike us, he provides assistance and backup to officer eddie and other officers without any concern for his safety at all. >> dax received a tasty commendation from the commissioner, a special roast beef and potato dog bone. however, it is inscribed with the commissioner's call sign. >> that's a milkbone like none other. >> my dog would be happy with just a pig ear.

she would do anything for a pig ear. cbs evening news is coming up next. faulty landing gear causing another jet to make an emergency landing. we'll be back at 6:00. ,,,, [ bell rings ] what are you doing, friending somebody? yeah. you got time for that? you got time to earn more on your savings, online at capitalone.com. that's new school banking, baby! instead of earning squatootski... your savings will be earning three times the national average. now, let's review. capital one interestplus savings... at three times more.

go to capitalone.com. what's in your wallet? our state has a huge deficit. meg whitman's plan will make it billions worse by eliminating the capital gains tax for wealthy investors, including herself. economists say her plan will "rip a hole in the budget" and is "deeply flawed". analysts for the l.a. times say whitman's plan is a "pure handout" to the rich creating a "huge risk" to schools and public safety. jerry brown's against this unfair giveaway because